While attending court proceedings and ceremonies, or conducting business in the
court, all attorneys shall be attired in a proper and dignified manner that reflects respect for
the institution each one represents and the judicial process.
Business attire (suits, slacks and a sport coat or jacket, or dress) shall be worn during
court appearances.
Clothes should be properly fitted, clean, pressed and made of a material that is
appropriate to the formality of the occasion. Skirts and dresses should be at a length where
the person can sit comfortably in public without compromising decorum. Exposed shoulders
or midriffs shall not be allowed.
Counsel will ensure that their clients and witnesses fully comply with this rule.
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ADMIRALTY RULES
RULE A
SCOPE OF RULES
(1) Scope.
The Local Admiralty Rules apply only to civil actions that are governed by Supplemental
Rule A of the Supplemental Rules for Certain Admiralty and Maritime Claims. All other local rules
are applicable in these cases, but to the extent that another local rule is inconsistent with the
applicable Local Admiralty Rules, the Local Admiralty Rules shall govern.
(2) Definitions.
The term “judicial officer” includes district judges and magistrate judges. The term “district
judge” refers to a federal judge as defined in 28 U.S.C. § 451. The term “magistrate judge” refers to
a federal judge as defined in 28 U.S.C. §§ 631-639. The term “party’s attorney” or similar term
whenever used in these rules shall include a party appearing without counsel. The term “clerk”
includes the clerk, the chief deputy clerk, and deputy clerks. The term “marshal” includes the
United States marshal and deputy marshals.
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RULE C
ACTIONS IN REM: SPECIAL PROVISIONS
(1) Intangible Property.
The summons issued pursuant to Supplemental Rule C(3)(c) shall direct the person having
control of intangible property to show cause, no later than fourteen (14) days after service, as to why
the intangible property should not be delivered to the court to abide the judgment. A judicial officer
may lengthen or shorten the time for good cause shown.
Service of the summons has the effect of an arrest of the intangible property and brings it
within the control of the court. The person who is served may deliver or pay over to the marshal the
intangible property proceeded against, to the extent sufficient to satisfy the plaintiff's claim. If
delivery or payment is made, the person served is excused from the duty to show cause. The claimant
of the property may show cause, as provided in Supplemental Rule C(6)(a), as to why the property
should not be delivered to the court.
(2) Publication of Notice of Action and Arrest.
The notice required by Supplemental Rule C(4) shall be published once in a newspaper
named in L.Adm.R. H(3), and plaintiff's attorney shall file a copy of the notice
as it was published with the clerk. The notice shall contain:
(a) the court, title, and number of the action;
(b) the date of the arrest;
(c) the identity of the property arrested;
(d) the name, address, and telephone number of the attorney for plaintiff;
(e) a statement that the claim of a person who is entitled to possession or who
claims an interest pursuant to Supplemental Rule C(6) must be filed with the
clerk and served on the attorney for plaintiff within fourteen (14) days after
publication;
(f) a statement that an answer to the complaint must be filed and served within
t w e nt y on e (21) days after publication, and that otherwise, default may
be entered and condemnation ordered;
(g) a statement that applications for intervention under Fed. R. Civ. P. 24 by
persons claiming maritime liens or other interests shall be filed within the
time fixed by the court; and,
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(h) the name, address, and telephone number of the marshal.
(3) Default in Action In Rem.
(a) Notice Required. A party seeking a default judgment in an action in rem
must satisfy the judge that due notice of the action and arrest of the property
has been given:
(1) by publication as required in L.Adm.R. C(2);
(2) by service upon the master or other person having custody of the
property; and,
(3) by service pursuant to Fed. R. Civ. P. 5(b) upon every other person
who has not appeared in the action and is known to have an interest
in the property.
(b) Persons with Recorded Interests.
(1) If the defendant property is a vessel documented under the laws of the
United States, plaintiff must attempt to notify all persons named in
the United States Coast Guard certificate of ownership.
(2) If the defendant property is a vessel numbered as provided in the
Federal Boat Safety Act, plaintiff must attempt to notify the persons
named in the records of the issuing authority.
(3) If the defendant property is of such character that there exists a
governmental registry of recorded property interests or security
interests in the property, the plaintiff must attempt to notify all
persons named in the records of each registry.
(4) Entry of Default and Default Judgment.
After the time for filing an answer has expired, the plaintiff may move for entry of default
under Fed. R. Civ. P. 55(a). Default will be entered upon showing that:
(a) notice has been given as required by L.Adm.R. C(3)(a); and,
(b) notice has been attempted as required by L.Adm.R. C(3)(b), where
appropriate; and,
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(c) the time to answer by claimants of ownership to or possession of the
property has expired; and,
(d) no answer has been filed of no one has appeared to defend on behalf of the
property.
The plaintiff may move for judgment under Fed. R. Civ. P. 55(b) at any time after default has
been entered.
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RULE D
POSSESSORY, PETITORY, AND PARTITION ACTIONS
(1) Return Date.
In a possessory action under Supplemental Rule D, a judicial officer may order that the
statement of right or interest in the property and answer be filed on a date earlier than twenty- one
(21) days after arrest. The order may also set a date for expedited hearing of the action.
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RULE E
ACTIONS IN REM AND QUASI IN REM: GENERAL PROVISIONS
(1) Itemized Demand for Judgment.
The demand for judgment in every complaint filed under Supplemental Rules B or C
shall allege the dollar amount of the debt or damages for which the action was commenced.
The demand for judgment shall also allege the nature of other items of damage.
The amount of the special bond posted under Supplemental Rule E(5)(a) may be based
upon these allegations.
(2) Salvage Action Complaints.
In an action for a salvage reward, the complaint shall allege the dollar value of the
vessel, cargo, freight, and other property salved, and the dollar amount of the reward
claimed.
(3) Verification of Pleadings.
Every complaint in actions governed by Supplemental Rules B, C, or D shall be verified
upon oath or affirmation, or in the form provided by 28 U.S.C. § 1746, by a party or by an
authorized officer of a corporate party. If no party or authorized corporate officer is present
within the district, verification of a complaint may be made by an agent, attorney in fact, or
attorney of record, who shall: state the sources of the knowledge, information and belief
contained in the complaint; declare that the document verified is true to the best of his or her
knowledge, or information, and belief; state why verification is not made by the party or an
authorized corporate officer; and state that the affiant is authorized to verify. A verification not
made by a party or authorized corporate officer will be deemed to have been made by the
party as if verified personally. If the verification was not made by a party or authorized
corporate officer, any interested party may move, with or without requesting a stay, for the
personal oath of a party or an authorized corporate officer, which shall be procured by affidavit,
a declaration pursuant to 28 U.S.C. § 1746, or as otherwise ordered.
(4) Review by Judicial Officer.
Unless otherwise required by the judicial officer, the review of complaints and papers
called for by Supplemental Rules B(1) and C(3) does not require the affiant party or attorney
to be present. The applicant for review shall include a form of order to the clerk which, upon
signature by the judicial officer, will direct the arrest, attachment or garnishment sought by the
applicant. In exigent circumstances, the certification of the plaintiff or his attorney under
Supplemental Rules B and C shall consist of an affidavit, or a declaration pursuant to 28 U.S.C.
§ 1746, describing in detail the facts that establish the exigent circumstances.
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(5) Instructions to the Marshal.
The party who requests a warrant of arrest or process of attachment or garnishment shall
provide instructions to the marshal. A person specially appointed by the court under
Supplemental Rules B or C who has served process of maritime attachment and garnishment or
a warrant of arrest that seized property, shall promptly file a verified return showing: the name
of the individual on whom the process or warrant was served; the identity of the person or entity
on whom service was made; the document served, the manner in which service was completed
(e.g., personal delivery); and address, date and time of service.
(6) Property in Possession of a United States Officer.
When the property to be attached or arrested is in the custody of an employee or officer
of the United States, the marshal will deliver a copy of the complaint and warrant of arrest or
summons and process of attachment or garnishment to that officer or employee if present, and
otherwise to the custodian of the property. The marshal will instruct the officer or employee or
custodian to retain custody of the property until ordered to do otherwise by a judicial officer.
(7) Security for Costs.
In an action under the Supplemental Rules, a party may move upon notice to all parties
for an order to compel an adverse party to post security for costs with the clerk pursuant to
Supplemental Rule E(2)(b). Unless otherwise ordered, the amount of security shall be $500. The
party so ordered shall post the security by surety or otherwise within five (5) days after the order
is entered. A party who fails to post security when due may not participate further in the
proceedings. A party may move for an order increasing the amount of security for costs.
(8) Adversary Hearing.
The adversary hearing following arrest or attachment or garnishment that is called
for in Supplemental Rule E(4)(f) shall be conducted promptly by a judicial officer.
(9) Appraisal.
An order for appraisal of property so that security may be given or altered will
be entered upon motion. If the parties do not agree in writing upon an appraiser, a judicial
officer will appoint the appraiser. The appraiser shall be sworn to the faithful and impartial
discharge of the appraiser's duties before any federal or state officer authorized by law to
administer oaths. The appraiser shall give one (1) day’s notice of the time and place of making
the appraisal to counsel of record. The appraiser shall promptly file the appraisal with the clerk
and serve it upon counsel of record. The appraiser's fee normally will be paid by the moving
party, but it is a taxable cost of the action.
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(10) Security Deposit for Seizure of Vessels.
The first party who seeks arrest or attachment of a vessel or property aboard a
vessel shall deposit such amounts with the marshal as required by the provisions of the
regulations or manuals promulgated by the United States marshals service to cover the expenses
of the marshal including, but not limited to, dockage, keepers, maintenance, and insurance. The
marshal is not required to execute process until the deposit is made. The party shall advance
additional sums from time to time as requested to cover the marshal's estimated expenses until
the property is released or disposed of as provided in Supplemental Rule E.
(11) Intervenors’ Claims.
(a) Presentation of Claim. When a vessel or other property has been
arrested, attached, or garnished, and is in the hands of the marshal or a
substitute custodian, anyone having a claim against the vessel or property
is required to present the claim by filing an intervening complaint, and
not by filing an original complaint, unless otherwise ordered by a judge.
Upon the satisfaction of the requirements of Fed. R. Civ. P. 24, the clerk
shall forthwith deliver a conformed copy of the complaint to the
marshal, who shall deliver the copy to the vessel or custodian of the
property. Intervenors shall thereafter be subject to the rights and
obligations of parties, and the vessel or property shall stand arrested,
attached, or garnished by the intervenor. An intervenor shall not be
required to advance a security deposit to the marshal for seizure of a
vessel as required by L.Adm.R. E(10).
(b) Sharing Marshal’s Fees and Expenses. An intervenor shall owe a debt
to any party that has previously advanced funds to cover the expenses
of the marshal, enforceable on motion, consisting of the intervenor’s
share of the marshal’s fees and expenses in the proportion that the
intervenor’s claim bears to the sum of all the claims. If a party plaintiff
permits vacation of an arrest, attachment, or garnishment, remaining
plaintiffs share the responsibility to the marshal for fees and expenses
in proportion to the remaining claims and for the duration of the
marshal’s custody because of each claim.
(12) Custody of Property.
(a) Safekeeping of Property. When a vessel or other property is brought into
the marshal’s custody by arrest or attachment, the marshal shall arrange
for adequate safekeeping, which may include the placing of keepers on
or near the vessel. A substitute custodian in place of the marshal may be
appointed by order of the court.
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(b) Insurance. The marshal may procure insurance to protect the marshal, his
deputies, keepers, and substitute custodians from liabilities assumed in
arresting and holding the vessel, cargo, or other property, and in performing
whatever services may be undertaken to protect the vessel, cargo, or other
property, and to maintain the court’s custody. The party who applies for
arrest or attachment of the vessel, cargo, or other property shall reimburse
the marshal for premiums paid for the insurance and shall be an additional
insured on the policy. The party who applies for removal of the vessel, cargo,
or other property to another location, for designation of a substitute
custodian, or for other relief that will require an additional premium, shall
reimburse the marshal for the additional premiums. The premiums charged
for the liability insurance are taxable as administrative costs while the
vessel, cargo, or other property is in custody of the court.
(c) Cargo Handling, Repairs, and Movement of the Vessel. Following arrest
or attachment of a vessel, no cargo handling, repairs, or movement of the
vessel may be made without court order. The applicant for such an order
shall give notice to the marshal and to all parties of record. Upon proof of
adequate insurance coverage of the applicant to indemnify the marshal for his
liability, the court may direct the marshal to permit cargo handling, repairs,
movement of the vessel, or other operations. Before or after the marshal has
taken custody of a vessel, cargo or other property, any party of record may
move for an order to dispense with keepers or to remove or place the vessel,
cargo, or other property at a specified facility, to designate a substitute
custodian, or for similar relief. Notice of the motion shall be given to the
marshal and to all parties of record. The judicial officer will require that
adequate insurance on the property will be maintained by the successor to the
marshal, before issuing the order to change arrangements.
(d) Claims by Suppliers for Payment of Charges. A person who furnishes
supplies or services to a vessel, cargo, or other property in custody of the c
ourt who has not been paid and claims the right to payment as an expense of
administration shall submit an invoice to the clerk in the form of a verified
claim at any time before the vessel, cargo, or other property is released or
sold. The supplier must serve copies of the claim on the marshal, substitute
custodian if one has been appointed, and all parties of record. The court may
consider the claims individually or schedule a single hearing for all claims.
(13) Sale of Property.
Notice. Unless otherwise ordered upon good cause shown or as provided by
law, notice of sale of property in an action in rem shall be published as
provided in L.Adm.R. H(3) at least three (3) times during the period of time
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consisting of fourteen (14) days prior to the day of the sale.
(a) Payment of Bid. These provisions apply unless otherwise ordered in the
order of sale:
(i) The person whose bid is accepted shall immediately pay the marshal
the full purchase price if the bid is $1,000 or less.
(ii) If the bid exceeds $1,000, the bidder shall immediately pay a deposit
of at least $1,000 or 10% of the bid, whichever is greater, and shall
pay the balance within three (3) days after the day on which the bid
was accepted. If an objection to the sale is filed within that three-day
period, the bidder is excused from paying the balance of the purchase
price until three days after the sale is confirmed.
(iii) Payment shall be made in cash, by certified check, or by cashier’s
check.
(b) Late Payment. If the successful bidder does not pay the balance of the
purchase price when it falls due, the bidder shall pay the marshal the cost of
keeping the property from the due date until the balance is paid, and the
marshal may refuse to release the property until this charge is paid.
(c) Default. If the successful bidder does not pay the balance of the purchase
price within the time allowed, the bidder is deemed to be in default. The
judicial officer may then accept the second highest bid or may arrange a new
sale. The defaulting bidder’s deposit shall be forfeited and applied to any
additional costs incurred by the marshal because of the default, the balance
being retained in the registry of the court awaiting its order.
(d) Report of Sale by Marshal. At the conclusion of the sale, the marshal shall
forthwith file a written report with the court setting forth the notice given of
the fact of that the sale took place, the date, the price obtained, the name and
address of the successful bidder, and any other pertinent information.
(e) Time and Procedure for Objection to Sale. An interested person may
object to the sale by filing a written objection with the clerk within three (3)
days following the sale, serving the objection on all parties of record, the
successful bidder, and the marshal, and depositing a sum with the marshal
that is sufficient to pay the expense of keeping the property for at least seven
(7) days. Payment to the marshal shall be in cash, certified check, or cashier’s
check.
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(f) Confirmation of Sale. A sale shall be confirmed by order of the court within
five court days but no sooner than three court days after the sale unless an
objection to the sale has been filed, in which case the court shall hold a
hearing on the confirmation of the sale. The marshal shall transfer title to the
purchaser upon the order of the court.
(g) Disposition of Deposits.
(i) Objection Sustained. If an objection is sustained, sums deposited by
the successful bidder will be returned to the bidder forthwith. The
sum deposited by the objector will be applied to pay the fees and
expenses incurred by the marshal in keeping the property until it is
resold, and any balance remaining shall be returned to the objector.
The objector will be reimbursed for the expense of keeping the
property from the proceeds of a subsequent sale.
(ii) Objection Overruled. If the objection is overruled, the sum
deposited by the objector will be applied to pay the expense of
keeping the property from the day the objection was filed until the
day the sale is confirmed, and any balance remaining will be returned
to the objector forthwith.
(h) Title to Property. Failure of a party to give the required notice of the action
and arrest of the vessel, cargo, or other property or required notice of the sale,
may afford ground for objecting to the sale but does not affect the title of a
bona-fide purchaser of the property without notice of the failure.
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RULE F
LIMITATION OF LIABILITY
(1) Security of Costs.
The amount of security for costs under Supplemental Rule F(1) shall be $1,000; it may be
combined with the security for value and interest, unless otherwise ordered.
(2) Order of Proof at Trial.
Where the vessel interests seeking statutory limitation of liability have raised the statutory
defense by way of answer or complaint, the plaintiff in the former or the damage claimant in the
latter shall proceed with its proof first, as is normal at civil trials.
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RULE H
SPECIAL
RULES
(1) Emergency Telephone Number.
When counsel urgently needs action or advice and cannot wait for normal business
hours, counsel may use this emergency telephone number to call the person on duty: (787)
766-6540 (United States Marshal).
(2) Assignment of Actions.
If the judge to whom a case under the Local Admiralty Rules has been assigned is not
readily available, any matter under the Local Admiralty Rules may be presented to any other
judge in the district without reassigning the case.
(3) Newspapers for Publishing Notices.
Every notice required to be published under the Local Admiralty Rules or any rules
or statutes applying to admiralty and maritime proceedings shall be published in a newspaper
of general circulation in the District of Puerto Rico.
(4) Use of State Procedures.
When the plaintiff invokes a state procedure in order to attach or garnish under
Fed. R. Civ. P. 4(e), the process of attachment or garnishment shall so state.
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CRIMINAL RULES
